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SNOW LAND, INC. v. CITY OF BROOKINGS

No. 12636.

282 N.W.2d 607 (1979)

SNOW LAND, INC., a Corporation, Plaintiff and Appellant, v. CITY OF BROOKINGS, a Municipal Corporation, Defendant and Respondent.

Supreme Court of South Dakota.

Decided August 22, 1979.

Rehearing Denied September 26, 1979.

Attorney(s) appearing for the Case

James E. Kessler, of Erickson & Kessler, P. C., Brookings, for plaintiff and appellant.

John P. Billings, of Denholm & Glover with Alan F. Glover, Brookings, on the brief, for defendant and respondent.

DOBBERPUHL, Circuit Judge.

Appellant is a licensed owner and operator of two low-point beer establishments in the city of Brookings.1 In 1970, Respondent-City enacted an ordinance prohibiting the sale of all alcoholic beverages on Sundays. This ordinance was amended in May of 1978 but retains the same prohibition. In 1971, the statute which expressly authorized municipalities to prohibit the sale of alcoholic beverages on Sundays was repealed...

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